71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2913
 
                         Senate Bill 607
 
Sponsored by Senator FERRIOLI, Representative MORRISETTE (at the
  request of Distilled Spirits Council of the United States)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Authorizes Oregon Liquor Control Commission to delegate powers
or duties to commission administrator.
  Allows commission to designate days, in addition to Sundays, on
which commission stores are closed. Authorizes commission to
adopt rules governing advertising by commission stores.
  Repeals requirement that two members of commission must approve
in writing every order for alcoholic beverages by commission and
that records of purchases must be kept in specified manner.
 
                        A BILL FOR AN ACT
Relating to the Oregon Liquor Control Commission; amending ORS
  471.040 and 471.750; and repealing ORS 471.780.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 471.040 is amended to read:
  471.040.  { + (1) + } The Oregon Liquor Control Commission has
the powers and duties specified in this chapter and ORS 474.105
and 474.115, and also the powers necessary or proper to enable it
to carry out fully and effectually all the purposes of this
chapter and ORS 474.105 and 474.115. It shall make such rules and
regulations pertaining to natural and fortified wines as will
prevent the importation and sale in Oregon of blended, rectified,
adulterated or low-quality wines. The jurisdiction, supervision,
powers and duties of the commission extend to any person who
buys, sells, manufactures, imports or transports any alcoholic
liquor within this state. The commission may sue and be sued.
   { +  (2) The commission may delegate any of the commission's
powers or duties to the administrator appointed under ORS
471.720. + }
  SECTION 2. ORS 471.750 is amended to read:
  471.750. (1) The Oregon Liquor Control Commission shall
establish such stores and warehouses in such places in the state
as in its judgment are required by public convenience or
necessity, for the sale of spirituous liquors, wines and other
alcoholic liquors containing over five percent alcohol by volume,
in sealed containers for consumption off the premises. It shall
keep on hand in such stores or warehouses such quantities and
kinds of alcoholic liquors as are reasonably required to supply
the public demand. Any person qualified to purchase such liquors
from the commission has the right to present to the commission,
or at any of its stores, an application for any kind or brand of
alcoholic liquor which the person may desire and which may be
manufactured or obtainable in any place in the United States, and
the commission shall obtain such liquor and sell it to the
applicant. No such store shall be established in any county or
incorporated city of this state where a local prohibitory law is
in effect. The stores shall be closed on Sundays and any
 { - legal holidays or any state or national election days - }
 { + other day + } designated by the commission.   { - The
advertising of the sale of liquors by the commission or window
display in its stores are prohibited, except that the commission
may provide for appropriate signs on windows or front denoting
the fact that it is a store of the commission, and may post
within the store appropriate price lists. - }  { +  The
commission shall adopt rules governing advertising by stores
operated by the commission. + } The commission may appoint agents
in the sale of said liquor under such agreement as the commission
may negotiate with said agents or their representative.
  (2)   { - Notwithstanding subsection (1) of this section, - }
 { +  Rules relating to advertising adopted by + } the
commission { +  under subsection (1) of this section + } shall
allow signs and displays within its stores for the purpose of
supplying consumer information to customers, including but not
limited to discounts, sales and other specials. Commission
discretion with respect to those signs and displays shall be
limited to regulation of the content, size, number per brand,
type and duration of the sign or display. Signs and displays may
be supplied by manufacturers, wholesalers or distributors, and
may bear the name of a particular distillery, supplier or brand
of liquor. The use of signs and displays shall be optional with
the agent appointed by the commission. In no event shall signs or
displays authorized   { - under this subsection - }  { +  by the
commission + } be placed in positions within the store where the
sign or display would be readily visible from outside of the
store.
  SECTION 3.  { + ORS 471.780 is repealed. + }
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